Annette Shailer v Camille Serisier [2016] NSWCATAP 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Annette Shailer v Camille Serisier [2016] NSWCATAP 131 Hearing dates: 20 May 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Appeal Panel Before: Marks ADCJ, Principal Member J. Currie, Senior Member Decision: 1. The time for bringing the application for compensation for loss of quiet enjoyment is extended to 1 December 2015 2. The appeal is allowed 3. The order for payment of $2,512.85 in favour of the appellant is quashed 4. The respondent is to pay the appellant the sum of $4,470. Catchwords: RESIDENTIAL TENANCY - time limit - claim for reduction of rent, compensation and loss of enjoyment - time extended in part - appeal upheld Legislation Cited: Residential Tenancies Act, 2010, ss44, 50, 63, 187, 190 Residential Tenancies Regulation, 2010, cl 22 Civil and Administrative Tribunal Act, 2013, ss 36, 38, 41 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Blair v Curran (1939) 62CLR 464 Car Sales [2015] NSWCATAP 65 Collins v Urban [2014] NSWCATAP 17 Effrem Foods v Trawl Industries 115 ALR 337 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Jackson v Goldsmith (1950) 81 CLR 446 McPherson v Mace [2015] NSWCATAP 203 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 Texts Cited: Nil Category: Principal judgment Parties: Annette Shailer (appellant) Camille Serisier (respondent) Representation: J Shailer, Solicitor (appellant) S Psomadelis, real estate agent (respondent) File Number(s): AP 16/09639 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 February 2016 Before: S. De Jersey File Number(s): RT 15/65349